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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2733
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am divorced and have a daughter who is 10 years old who I

Resolved Question:

Hi,
I am divorced and have a daughter who is 10 years old who I share custody with her mother.I have two questions please:Since the court order was implemented my salary has changed and is no longer what it was. Can I contest the amount of money paid to my daughters mother now my salary is considerably less than at the time of the order (30k less salary now)2. At what age can my daughter make her own choice about which parent she lives full time?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

Hi, thanks for your question. Just a bit more details required to fully assist you:

-is the maintenance spousal or child?

-is it reflected in a court order, if so was the order made by cons?

-when was the order approved by the court?

-is there a child arrangement order stating who she lives with?

Customer: replied 9 months ago.
Hi Harris,It is child maintenance only
I am fairly certain this is reflected in the court order but would need to check tonight. Not sure what cons is?
The order was approved by the court approx 4 years ago
I don't believe there is a separate child order, out of all the negotiations this was the only concession I received was joint custody - one week (mon-Sunday) my daughter is with me the next week with her mother. I also have my daughter on the Friday evening and Saturday half day on her mothers week. Thanks
Expert:  Harris replied 9 months ago.

Thanks for confirming. That should have read - was the order made by consent? Please let me know once you have checked this tonight.

Customer: replied 9 months ago.
Hi Harris,My apologies the order was agreed in January 2014 (seems longer!) and it does say by consent - however I just had to agree to these terms else it wasn't going to happen as the other party would not agree until they got their terms including half of my pension which has been paid in may this year after termination of employment with my previous employer. Attached is the full court order. Thanks
Scott
Expert:  Harris replied 9 months ago.

Thanks for confirming. As the order was made by consent and it has been more than 12 months since it has been granted, you are able to apply to the CMS (or by agreement as you have agreed to a review in the order) for the child maintenance to be calculated based on your current income. (If you provide me your gross income, how many nights a week she stays overnight with you on average and how many other children are in your care I can provide you with your legal amount.

In relation to her making decisions as to where she lives, she can only do this at 16, however, prior to this if she is making her wishes and feelings clear that she no longer wishes to stay in her current placement you can consider applying to court for a child arrangement order if there is no agreement between you as parents.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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